SAJEEV Vs. PARAVUR SREE NARAYANAVILASAM SAMAJAM

JUDGEMENT

(1.) CHALLENGING order dated 12.6.2014 passed by the Subordinate Judge's Court, Kollam in I.A. No.840 of 2014 in O.S. No.783 of 1994, the second respondent in the I.A. has come up in appeal, through F.A.O. No.202 of 2014. Two persons, allegedly elected as office bearers of the Paravur Sree Narayanavilasam Samajam (for short 'the Samajam'), who are not parties in I.A. No.840 of 2014 in O.S. No.783 of 1994, has preferred F.A.O. No.204 of 2014, on obtaining leave of this court to file the appeal as persons aggrieved, challenging the very same impugned order in F.A.O. No.202 of 2014.

(2.) BOTH the appeals are relating to an election, allegedly conducted for electing the committee members of the Samajam, on 4.6.2014.

(3.) 6.2014, and altogether 23 valid nominations were there, out of which two persons have withdrawn their nominations. As the remaining valid nominations were only 21, no election was necessitated as the strength of the committee to be elected is also 21. According to the appellants, on the same day, the said 21 members who were declared as elected, have taken charge also. 4. The respondents except the 5th respondent contended that the committee had never resolved to conduct the election, and that all the things were deliberately manipulated by the second respondent in I.A. No.840 of 2014/appellant in F.A.O. No.202 of 2014, who was the earlier Secretary working with them, who changed side, just prior to the meeting convened on 14.5.2014. Election was not at all an agenda for the meeting convened on 14.5.2014. According to the respondents except the 5th respondent, the appellant in F.A.O. No.202 of 2014, the earlier Secretary changed side and joined the dissident group in the committee. During the course of the meeting on 14.5.2014, he went away from there with the minutes book and thereafter he decided to conduct an election by himself, for which he alone appointed the Returning officer of his choice. Thereafter, the said Returning Officer, who is the first respondent in I.A. No.840 of 2014, published the election notification dated 29.5.2014 in Kerala Kaumudi daily dated 30.5.2014. It was only then, the respondents except 5th respondent herein, came to know about such a notification, and could collect information regarding the manipulations made by the appellant in F.A.O. No.202 of 2014. Strangely enough, another member of the committee on his own choice, appointed another Returning Officer, and got published another election notification in Kerala Kaumudi daily dated 1.6.2014.